When an employee is about to leave a company, he can fulfill a period called advance notice, which refers to the granting of another month of his work – with due remuneration.
In Brazil, prior notice is a kind of advance notice of termination of an employment contract.
It must be done obligatorily when the employee or the employer decides for the definitive termination of an employment contract without just cause.
In order for the action to fulfill its function, it is ideal that the dismissal is informed at least 30 days in advance. The employee in question has the option of complying or not complying with the notice period.
What is Early Warning
Prior notice is the communication that the employee or employer issues about the termination of an employment contract without cause.
This action is necessary exclusively for contracts for an indefinite period and precedes the final period of the relationship of that employee in that company.
This communication guarantees a period of 30 days for both the company and the employee to get organized.
For this period to occur, notice must be given immediately by the party that decides to terminate the contract for the party that will be left.
Advance notice guarantees rights for employees and employers, detailed in the topics below.
Who is entitled to Early Warning?
All workers who are dismissed without cause. Provided by law, prior notice is one of the obligations that the company must fulfill when terminating an employment contract, regardless of which party (employee or employer) chooses to terminate it.
Indemnified Prior Notice
When an employment contract is terminated, regardless of which party made the decision, there are some initial possibilities for paying advance notice:
- Indemnified advance notice
- Prior notice worked (explained below)
Employer fires employee:
- Prior notice worked (explained below)
Indemnified prior notice is considered when the employee terminates the contract with the company immediately, choosing not to comply with the notice. It is up to the employer to discount the employee’s termination fees.
In addition to the indemnified prior notice, there is the prior notice worked on, when the employer or the employee chooses to comply with the notice after a contract termination.
When the employee resigns, he can choose to work the period of notice, receiving his salary normally for another month (or partially depending on the date on which he requests the termination) or he can choose to be discounted on termination, as explained above.
When the employer dismisses the employee, the company may choose to have the employee work the notice period or may dismiss the employee.
In the latter case, the company must pay the employee the fees for the notice period. If the employee or the employer chooses to partially comply with the prior notice, fees in proportion to the days worked will be paid.
There is only one reason why an unfair dismissal does not need to comply with prior notice without the company discounting the employee’s termination fees: when the employee changes jobs, that is, he leaves the job to join another immediately.
In 2011, law number 12,506 started to consider the prior notice proportional to the length of service, adding a period determined by the time in the company to the minimum period of 30 days.For each year worked, 3 days are added to the mandatory prior notice. Therefore, if you worked for a year at the company, you are entitled to 33 days of proportional notice.
In addition to the notice at most 60 days, that is, the worker may receive at most 90 days of proportional prior notice.
Calculating is easy:
Multiply the number of years worked in the company by 3.
For example, if you have worked at the company for 22 years: 22 x 3 = 66. Add the extra 66 days to the 30 days you are entitled to: 66 + 30 = 96.
As the maximum number of days added is 60, not to exceed the total of 90 days, you will receive 90 days of proportional notice.
Remembering that the proportional prior notice is a complement to the previous notice worked, that is, you must have been dismissed without just cause to enjoy the benefit.
Advance Notice Duration
If you are wondering how long the notice is, the answer is 30 days of your full day, following your normal schedule, respecting lunch and dinner times, breaks, breaks, holidays and weekends.
Remembering that, if you resign, you must comply with the 30 days prior notice.
If you choose not to comply, you may have the value of the day deducted from the termination. If you are dismissed without just cause, the notice must be paid in full by the employer.